Legal Question in Sexual Harassment in Maryland

Re: Falsely Accused of Sexual Harrassment

Both of the two other attorneys who have answered are correct. A person who is accused of inappropriate behavior such as yourself, should take great care to do three things: (1) document your position as much as possible; (2) protect yourself from future allegations; (3) contact an employment attorney. Although you have rec'd good advice here --- you will almost certainly get more and better advice if you consult directly with someone who can review all of the factual details.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Falsely Accused of Sexual Harrassment

The woman might be liable to you for defamation. If you file suit, you could get a copy of the college's investigation. I don't know if you're part of a bargaining unit-if so, you could also try to get the investigatory file that way. If the college determines that the woman was lying, that might be a basis for her discharge. If they do nothing to her, it might mean that they have credited some of what she is saying. These cases are very tricky. You should talk to an experienced employment lawyer. I would be happy to help you.

Re: Falsely Accused of Sexual Harrassment

Ms. Avendano is certainly right that these cases are tricky - and complicated. Check your school's policy manual to see what the policy on sexual harassment is, what type of investigation they should do, and what rights you may have as the accused.

In any case, you should do your best to get your side of the story on the record - basically,that the accusation is groundless and false. You also want to discuss the facts that you know about the accuser's history. But do not make claims if they are based only on opinion or rumor. You don't want to be accused of defaming her. (If you need to rely on others to verify a claim, check with them to see if they will support your story. Will they put it in writing? Will they testify for you? Will they stand by you?)

As a practical matter, try never to be alone with the accuser. Suggest that someone be moved into the office, or ask to be transferred yourself, at least temporarily. (Don't suggest that she be moved, even if she is being dishonest. That could be considered retaliatory by the school and open up another can of worms for you and them.)

As Ms. Avendano said, get yourself an employment attorney (whether it is her, me or someone else you trust), especially if it looks like you will be in the position of defending yourself. Your reputation and job are at stake.

Best of luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.